587.905 Application for and continued
certification of production or handling operation; payment, amount and refund
of fees.

587.906 Fees for addition of fields or
areas of operation to be certified, additional inspections, and reproduction
and mailing of application forms.

587.928 Advisory Council for Organic
Agricultural Products: Compensation of members.

GENERAL PROVISIONS

NAC 587.001Definitions. (NRS 587.083)As used in this chapter,
unless the context otherwise requires, the words and terms defined in NAC 587.004 and 587.006
have the meanings ascribed to them in those sections.

(Supplied in codification; A by Dep’t of Agriculture by
R174-99, 3-13-2000)

2. The container must not allow penetration
of water vapor through any wall, including the seals, greater than 0.05 grams
of water per 24 hours per 100 square inches of surface at 100° Fahrenheit with
a relative humidity on one side of 90 percent and on the other side of 0
percent. Penetration of water vapor is as defined by the U.S. Bureau of
Standards as:

gm. H20/24 hr./100 sq. in./100° F/90% RH V.0% RH.

3. The seed in the container must not exceed
the percentage of moisture, on the basis of wet weight, as follows:

Agricultural
Seeds

Percentage

of
Moisture

Beet,
field

7.5

Beet,
sugar

7.5

Bluegrass,
Kentucky

6.0

Clover,
crimson

8.0

Fescue,
red

8.0

Ryegrass,
annual

8.0

Ryegrass,
perennial

8.0

All
others

6.0

Seeds
of Vegetables

Percentage

of
Moisture

Bean, garden

7.0

Bean, lima

7.0

Beet

7.5

Broccoli

5.0

Brussels sprouts

5.0

Cabbage

5.0

Cabbage, Chinese

5.0

Cauliflower

5.0

Celeriac

7.0

Celery

7.0

Chard, Swiss

7.5

Chives

6.5

Collards

5.0

Corn, sweet

8.0

Cucumber

6.0

Eggplant

6.0

Kale

5.0

Kohlrabi

5.0

Leek

6.5

Lettuce

5.5

Muskmelon

6.0

Mustard, India

5.0

Onion

6.5

Onion, Welsh

6.5

Parsley

6.5

Parsnip

6.0

Pea

7.0

Pepper

4.5

Pumpkin

6.0

Radish

5.0

Rutabaga

5.0

Spinach

8.0

Squash

6.0

Tomato

5.5

Turnip

5.0

Watermelon

6.5

All others

6.0

4. The container must be conspicuously
labeled in not less than 8-point type to indicate the month and year of the
test for germination, that the container is hermetically sealed and that the
seed has been preconditioned as to moisture contained in the seed.

5. The percentage of germination of seeds of
vegetables at the time of packaging must be equal to or above the standards in NAC 587.120.

1. In addition to the requirements in NRS 587.015 to 587.123, inclusive, the following
govern the labeling of agricultural seeds and the seeds of vegetables, herbs,
flowers, trees and shrubs:

(a) A blank space or the word “free” or “none” in
the place of a number or percentage on the label is equivalent to “0” or “0.00
percent” as the case may be to apply the tolerances prescribed in NAC 587.200.

(b) The information required on the label by NRS 587.091 must be in type no
smaller than 8 points.

(c) Seed treated with a toxic substance must be
labeled to show conspicuously on the label, or on a separate label attached to
each container, the words “Poison” and “Danger” along with the symbol of the
skull and crossbones as it appears on the label of the container of the toxic
substance. Any other appropriate warning present on the label for the toxic
substance must also be included on the label containing the information on the
treatment of the seed. The words “Poison” and “Danger” and the symbol of the
skull and crossbones must appear in a contrasting color.

2. All seed when treated with a substance
classified as toxic or harmful must be prominently colored with a suitable
color in sufficient contrast to the natural color of the seed as to make
detection that the seed has been treated readily apparent. Coloring so applied
must be such that it cannot be readily removed.

[Dep’t of Agriculture, part No. 87.05, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.050Labels: Seed preplanted in medium for germination. (NRS 587.083)Seed
sold or offered for sale in containers in which it is preplanted in a medium
for germination, or in mats, tapes or similar devices is subject to the
following provisions:

1. If the seed is placed in the medium, mat,
tape or other device in such a way as to make it difficult to determine the
quantity of seed without removing it from the medium, mat, tape or other
device, the label must bear a statement to indicate the minimum number of seeds
in the unit and a statement showing the year for which packaged.

2. Kinds of seed in preplanted containers,
mats, tapes and other devices, for which a minimum standard for germination has
not been established, must meet a minimum standard of 50 percent or have the
actual percentage clearly shown in a conspicuous place on the unit in not less
than 8-point type.

[Dep’t of Agriculture, part No. 87.05, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.060Maximum content of seeds of weeds. (NRS 587.083)Agricultural
seed or the seeds of vegetables, herbs, flowers, trees or shrubs sold or
offered for sale must not contain more than 1.5 percent by weight of the seeds
of weeds.

1. The following kinds of agricultural seed
must be labeled to show the name of the variety or the words “Variety Not
Stated”:

Alfalfa

Bahiagrass

Barley

Bean,
field

Beet,
field

Brome,
smooth

Broomcorn

Clover,
crimson

Clover,
red

Clover,
white

Corn,
field

Corn,
pop

Cotton

Cowpea

Crambe

Fescue,
tall

Flax

Lespedeza,
striate

Millet,
foxtail

Millet,
pearl

Oat

Pea,
field

Peanut

Rice

Rye

Safflower

Sorghum

Sorghum-sudangrass,
hybrid

Soybean

Sudangrass

Sunflower

Tobacco

Trefoil,
birdsfoot

Triticale

Wheat,
common

Wheat,
durum

2. If the name of the variety is given, the
name may be associated with the name of the kind of seed with or without the
words “Kind and Variety.” The percentage which is then shown as “Pure Seed”
applies only to seed of the variety named. If separate percentages for the kind
and the variety are shown, the name of the kind and the name of the variety
must be clearly associated with the respective percentages.

[Dep’t of Agriculture, part No. 87.06, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.080Labels: Origins of certain seeds. (NRS 587.083, 587.093)Whenever
the seed of alfalfa, red clover and field corn, except hybrid corn, originates
in more than one state, the name of each state and the percentage of seed
originating in each state must be given in the order of its predominance.

[Dep’t of Agriculture, part No. 87.06, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.090Vegetable seeds: Classification. (NRS 587.083, 587.071)The term
“vegetable seeds” means the seeds of the following kinds that are or may be grown
in gardens or on truck farms and are or may be generally known and sold under
the name of vegetable seeds:

NAC 587.100Vegetable seeds: Name. (NRS 587.083, 587.097, 587.099)The name
of each kind of vegetable seed is the name listed in NAC
587.090 except a name that has become synonymous through broad, general
usage and may be substituted therefor if the name does not apply to more than
one kind and is not misleading.

[Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]

NAC 587.110Vegetable seeds: Variety. (NRS 587.083, 587.097, 587.099)The name
of each variety of vegetable seed is the name determined in accordance with the
following consideration:

1. The variety must represent a subdivision
of a kind that is characterized by growth, plant, fruit, seed or other
characteristics by which it can be differentiated from other sorts of the same
kind.

2. The variety name must not be misleading.
The variety name must not be assigned to more than one variety of the same kind
of seed.

3. A variety name published in a list of
variety names or other publications by the Seed Branch, Grain Division,
Consumer and Marketing Service, U.S. Department of Agriculture, Washington,
D.C., is correct for purposes of labeling under NRS 587.097 and 587.099.

4. If the variety is not known, the label
complies with the labeling provisions if it contains the words “Unknown
Variety.”

[Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]—(NAC
A by R174-99, 3-13-2000)

NAC 587.120Vegetable seeds: Germination. (NRS 587.083, 587.097)Seeds of
vegetables in containers of 1 pound or less, which have a percentage of
germination less than the following standard, must have the words “below
standard” clearly shown in a conspicuous place on the label or on the face of
the container in not less than 8-point type and must also be labeled to show
the percentage of germination and the percentage of hard seed, if any:

Vegetable

Percentage
of

Germination

Artichoke

60

Asparagus

70

Asparagusbean

75

Bean,
garden

70

Bean,
lima

70

Bean,
runner

75

Beet

65

Broadbean

75

Broccoli

75

Brussels
sprouts

70

Burdock,
great

60

Cabbage

75

Cabbage,
tronchuda

75

Cantaloupe
(see muskmelon)

Cardoon

60

Carrot

55

Cauliflower

75

Celeriac

55

Celery

55

Chard,
Swiss

65

Chicory

65

Chinese
cabbage

75

Chives

50

Citron

65

Collards

80

Corn,
sweet

75

Cornsalad

70

Cowpea

75

Cress,
garden

75

Cress,
upland

60

Cress,
water

40

Cucumber

80

Dandelion

60

Eggplant

60

Endive

70

Kale

75

Kale,
Chinese

75

Kale,
Siberian

75

Kohlrabi

75

Leek

60

Lettuce

80

Muskmelon

75

Mustard,
India

75

Mustard,
spinach

75

Okra

50

Onion

70

Onion,
Welsh

70

Pakchoi

75

Parsley

60

Parsnip

60

Pea

80

Pepper

55

Pumpkin

75

Radish

75

Rhubarb

60

Rutabaga

75

Salsify

75

Sorrel

65

Soybean

75

Spinach

60

Spinach,
New Zealand

40

Squash

75

Tomato

75

Tomato,
husk

50

Turnip

80

Watermelon

70

[Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.140Flower seeds: Germination standards. (NRS 587.083, 587.101, 587.103)The
kinds of flower seeds listed below are those for which standard testing
procedures have been prescribed and therefore are required to be labeled with
the germination percentage. For those kinds marked with an asterisk, the
percentage is the total of percentage of germination and percentage of hard
seed. For all other kinds, it is the percentage of germination:

1. Germination tolerances for flower seeds
do not apply unless the percentage of germination is shown on the label.

2. If no germination percentage is shown,
the seed must meet the minimum germination standard for the kind without
benefit of tolerance.

[Dep’t of Agriculture, part No. 87.09, eff. 8-1-71]

NAC 587.160Flower seeds: Labeling. (NRS 587.083, 587.103)The
labeling for seeds for flowers except those in packets prepared for use in home
gardens or plantings for households must state:

1. For seeds of plants grown primarily for
their blooms:

(a) If the seeds are of a single, named variety,
the kind and variety.

(b) If the seeds are of a single type and color for
which there is no specific named variety, the type of plant and the type and
color of the bloom.

(c) If the seeds consist of an assortment or
mixture of colors or varieties of a single kind, the name of the kind, the type
of plant, if significant, and the type or types of bloom. In addition, it must
clearly indicate that the seed is mixed or assorted.

(d) If the seeds consist of an assortment or
mixture of kinds, that the seeds are assorted or mixed and the specific use of
the assortment or mixture.

2. For seeds of plants grown for ornamental
purposes other than their blooms, the kind and variety, or the kind with a
descriptive statement concerning the ornamental part of the plant.

[Dep’t of Agriculture, part No. 87.09, eff. 8-1-71]—(NAC
A 3-7-86)

NAC 587.170Tree and shrub seeds: Germination testing procedures. (NRS 587.083, 587.105)For
purposes of labeling, the following kinds of tree and shrub seeds are those for
which germination testing procedures have been prescribed:

NAC 587.173Prohibited noxious weed seeds. (NRS 587.083)Seeds of
the following plants are classified as prohibited noxious weed seeds, the
occurrence of which must not exceed the tolerances prescribed by NAC 587.200:

NAC 587.180Samples: Generally. (NRS 587.083)The
procedure for sampling seeds set forth in this chapter must be followed for
securing official samples and is recommended for all others:

1. In order to secure a representative
sample, equal portions must be taken from evenly distributed parts of the
quantity of seed or screenings to be sampled. Access must be had to all parts
of that quantity. When more than one trierful of seed is drawn from a bag,
different paths must be followed. When more than one handful is taken from a
bag, the handfuls must be taken from well separated points.

2. For free flowing seed in bags or bulk, a
probe or trier must be used. For small free flowing seed in bags, a probe or
trier long enough to sample all portions of the bag should be used.

3. Nonfree flowing seed, for example,
certain grass seed, uncleaned seed or screenings difficult to sample with a
probe or trier, must be sampled by thrusting the hand in the bulk and
withdrawing representative portions. The hand is inserted in an open position
and the fingers are held closely together while the hand is being inserted and
the portion withdrawn.

4. As the seed or screenings are sampled,
each portion must be examined. If there appears to be a lack of uniformity, the
portions must not be combined into a composite sample, but retained as separate
samples or combined to form individual container samples to determine such lack
of uniformity as may exist.

5. When the portions appear to be uniform,
they must be combined to form a composite sample.

1. Bulk seeds or screenings must be sampled
by inserting a long probe or thrusting the hand into the bulk as circumstances
require in at least seven uniformly distributed parts of the quantity being
sampled. At least as many trierfuls or handfuls must be taken as the minimum
which would be required for the same quantity of seed or screenings in bags of
a size customarily used for such seed or screenings.

2. For lots of six bags or less, each bag
must be sampled. A total of at least five trierfuls must be taken.

3. For lots of more than six bags, five bags
plus at least 10 percent of the number of bags in the lots must be sampled.
(Round off numbers with decimals to the nearest whole number raising 0.5 to the
next whole number.) Regardless of the lot size, it is not necessary that more
than 30 bags be sampled.

4. Samples must be drawn from previously
unopened bags except under circumstances where the identity of the seed has
been preserved.

5. In sampling seed in small containers, it
is not practical to sample as required in subsection 2. A portion of one
previously unopened container or one or more entire unopened containers may be
taken to supply a minimum sample as required in subsection 6.

6. The following are minimum sizes of
samples of agricultural seed, vegetable seed and screenings to be submitted for
analysis, test or examination:

(a) Two ounces of grass seed not otherwise
mentioned, white or alsike clover or seeds not larger than these.

(b) Five ounces of red or crimson clover, alfalfa,
lespedeza, ryegrass, bromegrass, millet, flax, rape or seeds of similar size.

(c) One pound of sudangrass sorghum proso hemp or
seeds of similar size.

(d) Two pounds of cereals, vetch or seeds of
similar or larger size.

(e) Two quarts of screenings.

(f) Vegetable seed samples shall consist of at
least 400 seeds.

[Dep’t of Agriculture, part No. 87.11, eff. 8-1-71]

NAC 587.200Procedures for testing. (NRS 587.083)The
procedures for testing agricultural seed and the seeds of vegetables, herbs,
flowers, trees and shrubs for purity, germination and tolerances which have
been approved by the Association of Official Seed Analysts and are in effect on
October 1, 1985, are hereby adopted by reference. A copy of a publication
containing those procedures and tolerances may be obtained from the Association
of Official Seed Analysts, 2240 Kellogg Lane, Boise, Idaho 83712, for the sum
of $12.

[Dep’t of Agriculture, part No. 87.12, eff. 8-1-71]—(NAC
A 3-17-86)

NAC 587.220Fees for analysis and testing. (NRS 587.077, 587.083)The
following provisions establish the fees that the Department will charge for
analysis and testing of samples of seed:

1. As used in this section, “mixture” means
a seed sample which contains two or more kinds of seed, where each kind:

(a) Constitutes more than 5 percent of the sample;
or

(b) Is declared on the label to be part of the
mixture.

2. The fee for testing any kind of seed not
listed will be determined by the Department.

3. If special attention or a priority in
examination is requested for a seed sample, the charge will be the fee listed
plus 50 percent.

4. The charge for a sample requiring an
unusual amount of time, such as an excessively dirty sample, a sample of a
complicated mixture or a sample requiring special tests, is $55 per hour.

5. The charge for a mixture is $55 per hour.

6. The charge for a tetrazolium test is $55
per test.

7. Service testing fees for purity and
germination:

Kind

Purity

Germination

Alfalfa

$55

$55

Beans

55

55

Bluegrass

75

55

Bromegrass

55

55

Cereal grains

55

55

Clover

55

55

Fescue

75

55

Flax

55

55

Flowers

55

55

Indian Ricegrass

75

55

Kochia

55

55

Needlegrasses

55

55

Onion

55

55

Orchardgrass

75

55

Peas

55

55

Ryegrass

55

55

Sainfoin

55

55

Saltbush

75

55

Small Brunet

55

55

Sudangrass

55

55

Sunflower

55

55

Timothy

55

55

Trees/Shrubs

55

55

Vegetables not listed

55

55

Vetches

55

55

Wheatgrasses

75

55

Wildrye

75

55

Winterfat

75

55

8. The fee for examination of a sample of
seed for noxious weed seed which is designated noxious in any other state is
$55.

1. Directly controlled by the plant breeder
or person who originated or sponsored the seed; and

2. The source for the production of seed of
the other classes of certified seed.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.226“Certified seed” defined. (NRS 587.077, 587.083)“Certified
seed” means the progeny of breeder, foundation or registered seed, except as
otherwise provided in NAC 587.240, which has been
handled to maintain satisfactory genetic purity and identity and has been
approved by the Department.

1. The progeny of breeder or foundation seed
produced under control of the person who originated or sponsored the seed; and

2. A class of certified seed that is
produced under procedures established by the Department for the purpose of
maintaining genetic purity and identity.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.230“Interagency certification” defined. (NRS 587.077, 587.083)“Interagency
certification” means the participation of two or more member agencies of the
Association of Official Seed Certifying Agencies in performing the services
required to certify the same lot of seed.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80)

NAC 587.231“None” or “zero” defined. (NRS 587.077, 587.083)“None”
or “zero” means none found during the normal inspection or testing procedure.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

NAC 587.232“Off-type” defined. (NRS 587.077, 587.083)“Off-type”
means any seed or plant that is not a part of the variety because it deviates
in one or more characteristics from the variety as described. The term
includes:

1. A seed or plant of another variety;

2. A seed or plant not a variety;

3. A seed or plant resulting from
cross-pollination by another kind or variety;

4. A seed or plant resulting from
uncontrolled self-pollination during production of hybrid seed; or

NAC 587.234“Registered seed” defined. (NRS 587.077, 587.083)“Registered
seed” means the progeny of breeder or foundation seed which has been handled to
maintain satisfactory genetic purity and identity and has been approved by the
Department.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.235“Variant” defined. (NRS 587.077, 587.083)“Variant”
means a seed or plant, other than an off-type, that is:

1. Distinct within the variety and occurs
naturally in the variety;

2. Stable and predictable with a degree of
reliability comparable to other varieties of the same kind within recognized
tolerances if the variety is reproduced or reconstituted; and

3. A part of the variety as originally
released.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

NAC 587.236“Variety” defined. (NRS 587.077, 587.083)“Variety”
means a subdivision of a kind which is distinct, uniform and stable. As used in
this section:

1. “Distinct” means that the variety can be
differentiated by one or more identifiable morphological, physiological or
other characteristics from all other known varieties.

2. “Uniform” means that variations in
essential and distinctive characteristics may be described.

3. “Stable” means that the variety remains
unchanged to a reasonable degree of reliability in its essential and
distinctive characteristics and its uniformity if reproduced or reconstituted
as required by the different categories of varieties.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.237Adoption of standards by reference. (NRS 587.077, 587.083)In
addition to the general standards for the production of certified seed in this
State set forth in NAC 587.222 to 587.274, inclusive, the Director hereby adopts by
reference the requirements and procedures for the certification of seed set
forth in the Certification Handbook of the Association of Official Seed
Certifying Agencies as it existed on October 1, 1999, and any subsequent
edition issued by the Association of Official Seed Certifying Agencies. Each
new edition shall be deemed approved by the Director unless the edition is
disapproved by the Director within 60 days after the date of publication. The
Director will review each edition issued after the edition in existence on
October 1, 1999, to ensure its suitability for Nevada. The most current edition
that has been approved by the Director will be available from the Department at
350 Capitol Hill Avenue, Reno, Nevada 89502, for the price of $40 per copy.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
by R174-99, 3-13-2000)

1. A variety is eligible for certification
by the Department only if it has been approved as meriting certification by at
least one certifying agency or by an appropriate national variety review board.

2. Before a variety will be considered for
certification, the originator, developer, owner or agent must request
certification and provide the following information:

(a) The name of the variety, which must be the
established name if the variety has been previously marketed.

(b) A statement of the variety’s origin and the
breeding procedure used in its development.

(c) A detailed description of the morphological,
physiological and other important characteristics of plants and seed, including
variants, that distinguish it from other varieties.

(d) Evidence of performance, including comparative
yield data, insect and disease resistance and other factors supporting the
identity of the variety.

(e) A statement on the plans and procedures for the
maintenance of classes of stock seed, including the number of generations
through which the variety may be multiplied.

(f) A statement delineating the geographic area of
adaptation of the variety.

(g) A description of the manner in which the
variety is constituted if the particular cycle of reproduction or
multiplication is specified.

(h) Any additional restriction on the variety
specified by the breeder with respect to geographic area of seed production,
age of stand and other factors affecting genetic purity.

(i) A sample of seed representative of the variety
as marketed. The size of the sample is that required for a submitted sample in
the current issue of the Rules for Testing Seeds published by the
Association of Official Seed Analysts and available at cost from the
Department.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.239Classes of certified seed. (NRS 587.077, 587.083)The
following classes of certified seed are recognized in the certification of
seed: breeder, foundation, registered and certified. These classes of seed must
meet the standards of the Department for the respective crops.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.240Limitation on generations; exceptions. (NRS 587.077, 587.083)The
number of generations through which a variety may be multiplied must be limited
to that specified by the originating breeder or owner of a variety, but may not
exceed two generations beyond foundation seed, with the following exceptions:

1. Recertification of the certified class
may be permitted for older varieties of crops if foundation seed is not being
maintained.

2. The production of an additional
generation of the certified class may only be permitted on a 1-year basis when
an emergency is declared by the certifying agency, stating that the supply of
foundation and registered seed is not adequate to plant the needed certified
acreage of the variety. The permission of the originating or sponsoring breeder
or owner of the variety, if existent, must be obtained. The additional
generation of certified seed to meet the emergency need is ineligible for
recertification.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.242Evidence required of class and source of seed. (NRS 587.077, 587.083)The
Department must be supplied with satisfactory evidence of the class and source
of seed used to plant each crop being considered for certification. A
certification tag from each lot of seed planted must accompany the application
for certification. If no tags are available, a sales record or other
documentation must be provided that identifies the source of seed.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.243Requirements for land. (NRS 587.077, 587.083)The
following requirements for land must be met in addition to those specified in
the standards for individual crops:

1. The unit of certification must be a
clearly defined area of land which may be divided subject to regulations for
specific crops.

2. A field history must be provided to the
Department which states the crops planted in previous years as required by the
standards for each crop.

3. The Department may approve a modification
of land history if a cultural practice is proven successful. As used in this
subsection, “cultural practice” includes mechanical means for preparation of a
seed bed, such as deep plowing, and chemical means, such as the use of
fumigants or other materials. The materials and method that are used must be
reported to the Department. The method used must be approved by the Department
and adequate to maintain varietal purity. To aid in distinguishing between
volunteers and the crop seeded, the seed must be planted in distinct rows but
the spacing of the rows may vary.

4. The time interval for land history must
not be less than the requirement stated in the Federal Seed Act, 7 C.F.R. §§
201 et seq., for the specified crop and appropriate certified generation. A
copy of the Federal Seed Act may be obtained by mail from the Superintendent of
Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis,
Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at a cost of
$18.

5. The Department may approve reseeding of a
field but will not allow reseeding after a field has produced a seed crop.

6. Manure or other contaminating amendments
must not be applied the year before seeding or during the established
productive life of the stand.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

NAC 587.244Field inspection; grounds for rejection of seed crop. (NRS 587.077, 587.083)One or
more field inspections will be made each time a seed crop of any certified
class is to be harvested and when genetic purity and identity, or any other
factor affecting seed certification, can best be determined. The Department may
reject a seed crop if any condition, such as excessive weediness, poor stand or
disease, prevents adequate inspection of a field.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.247Inspections and testing after harvest; use of lot numbers or
certified field numbers. (NRS 587.077, 587.083)

1. Harvested lots of seed from inspected
fields may be inspected at any time by the Department. Evidence that any lot of
seed has not been protected from contamination which affects genetic purity, or
is not properly identified, is cause for rejection of certification.

2. Lot numbers or certified field numbers
must be:

(a) Placed on each container or bag of seed; and

(b) Visible during the process of conditioning.

3. A representative sample of each lot of
seed must be taken before final certification to determine whether the seed
meets the standards for purity, germination or other specific requirement for
certification. All samples must be taken and tested in accordance with the
current edition of the Rules for Testing Seeds published by the
Association of Official Seed Analysts and available at cost from the
Department.

4. All seed or plant samples taken for
determination of certification eligibility must be tested by the Department or
in a laboratory approved by the Department.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90)

NAC 587.248Blending of seed lots. (NRS 587.077, 587.083)Seed
lots of the same variety and seed variety and seed class may be blended and the
seed class retained. If lots of different classes are blended, the lowest class
must be applied to the resultant blend. Such blending must be authorized by the
Department.

1. Except as otherwise provided in this
subsection, seed of all certified classes, when offered for sale in bags or
other containers, must have an official certification label, properly affixed
to each container, clearly identifying the certifying agency, kind, variety,
lot number and class of seed. In the case of seed sold in bulk, the invoice
must include the same information as required for the label on seed sold in
containers. Official certification labels on seed mixtures and seed in
containers of quantities of 5 pounds or less are not required to bear the name
of the kind and variety of each component if the name of the kind and variety
is indicated elsewhere on the container.

2. The official certification label may be
printed directly on the container if accounting for the use of such containers
is maintained by the Department.

3. Requirements for labeling for
certification and sealing depend upon the crop and methods of handling, but in
all cases labels must be attached to containers in a manner that prevents
removal and reattachment.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

NAC 587.251Labeling: Compliance with national and state law. (NRS 587.077, 587.083)The
seller is responsible for compliance with the requirements for labeling seed
regarding the analysis of the seed pursuant to the law of the country, state or
province into which the seed is shipped or sold.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
by R174-99, 3-13-2000)

1. The methods and standards employed in
each step of interagency certification are those used when certification is
completed by a single agency with the exception that seed for which final
certification is completed in Nevada must meet the minimum requirements for the
crop and variety as specified by the Association of Official Seed Certifying
Agencies.

2. To be recognized for interagency
certification, seed must be received in containers carrying official
certification labels or evidence of its eligibility from another certifying
agency, including the following information:

(a) Variety and kind;

(b) Amount of seed in pounds or bushels;

(c) Class of certified seed; and

(d) Inspection or lot number traceable to the
previous certifying agency’s records.

3. In addition to complying with NAC 587.250, each label used in interagency
certification must be serially numbered, or carry the certification identity
number and clearly identify the certifying agencies involved and the variety,
kind and class of seed except vegetable seed in containers of quantities of 5
pounds or less and lawn and turf seed mixtures. Labels for such vegetable seed
and lawn and turf seed mixtures are not required to include the name of the
kind and variety if the name of the kind and variety and the certifying
agencies involved are clearly indicated elsewhere on the containers.

4. If a container of certified seed is
opened and relabeled, all procedures must be conducted with the approval of the
certifying agencies involved.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

1. Application for certification must be
made on a form obtained from or approved by the Department for each site.

2. To maintain certification, a perennial
crop must be registered each year, including the seedling year, whether or not
a seed crop is harvested during that year.

3. Applications must be accompanied by the
applicable acreage and other fees set forth in subsection 7.

4. Except as otherwise provided in
subsection 5, applications are due on the following dates:

(a) Alfalfa, grass, clover, rapeseed, woody plants
and forbs of the foundation, registered or certified class, April 1, or, if the
crop is planted after April 1, within 30 days after planting.

(b) Small grain and beans and field crops, other
than those described in paragraph (a), of the foundation, registered or certified
class, May 1, or, if the crop is planted after May 1, within 30 days after
planting.

(c) Seed fields or orchards of the selected or
tested class, at least 30 days before planting or, for renewal of perennial
crops of seed fields or orchards of the selected or tested class, May 1.

(d) Natural stands of the selected or tested class,
at least 15 days before the first harvest.

(e) Natural stands of the source identified class,
at least 3 days before harvest.

(f) Planted stands of the source identified class,
May 1.

5. The Department may, upon a showing of
good cause, accept an application for certification filed after the date
required for filing provided in subsection 4.

6. In addition to any other requirements, an
applicant for certification of a source-identified class shall submit a site
collection log and the fee for the site collection log set forth in subsection
7 to the Department within 7 days after the period for seed collection ends.

7. The Department shall charge the following
fees:

(a) For an application for a field crop:

Crop

Acreage

Per
Acre

Production

Clean
Seed

Alfalfa

$7

$.15/cwt

Beans

7

.15/cwt

Clover

7

.15/cwt

Grass

7

.15/cwt

Rapeseed

7

.15/cwt

Small
grains

7

.10/cwt

Woody
plants and forbs

7

.15/cwt

Other
field crops

7

.15/cwt

(b) For prevariety germplasm of the:

(1) Tested Class:

(I) Seed fields or orchards, $4 per acre
plus $.25 per tag if tags are requested; and

(II) Natural stands, $50 for each
application for certification for each site plus $.25 per tag if tags are
requested;

(2) Selected Class:

(I) Seed fields or orchards, $4 per acre
plus $.25 per tag if tags are requested; and

(II) Natural stands, $50 for each
application for certification for each site plus $.25 per tag if tags are
requested; and

(3) Source Identified Class, $10 for each
application for certification of each site and $50 per site collection log plus
$.10 per pound of clean seed if tags are requested.

Ê The
Department shall charge an acreage fee of at least $25 per field.

8. In addition to any other fees, the
Department may charge a fee of $50 per field if a reinspection of the field is
required to determine eligibility for certification.

9. Except as otherwise provided in
subsection 10, the Department will bill production fees after the seed is
cleaned and only if the lot meets certification standards.

10. For seeds conditioned out of State:

(a) The Department will not charge production fees
for seeds that are tagged out of State through interagency certification.

(b) The Department will charge production fees for
seeds for which tags are requested from the Department.

11. The Department will collect acreage fees
on all perennial crops in the year of seeding and in each calendar year
thereafter.

12. The Department shall refund the acreage
fee:

(a) For all crops, if the application is withdrawn
in writing before a field inspection.

(b) For a perennial crop for any year, except the
seedling year, if the Department is notified that the crop is not intended to
produce seed. The Department must be notified in writing before the field is
inspected.

13. As used in this section, “prevariety
germplasm” has the meaning ascribed to it in NAC
587.3396.

1. Conditioners requiring certification
services must apply to the Department.

2. To condition seed eligible for certification,
a conditioner must meet the following requirements:

(a) Facilities must be available to perform the
conditioning without introducing admixtures;

(b) Identity of the seed must be maintained at all
times;

(c) Records of all operations relating to certification
must be complete and adequate to account for all incoming seed and final
disposition of seed;

(d) Conditioners must permit inspection by the
Department of all records of the kind of seed certified, including both
certified and noncertified seed; and

(e) Conditioners must designate a person who will
be responsible to the Department for performing such duties as are required.

3. Approval of conditioners is on an annual
basis.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF ALFALFA SEED

NAC 587.258Applicability. (NRS 587.077, 587.083)The general
standards for certification of seed as adopted by the Department and NAC 587.260 to 587.274,
inclusive, govern the standards for the certification of alfalfa seed.

(Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A
12-3-90)

NAC 587.260Alfalfa regions in Nevada; limitations on age of stand and
classes of seed. (NRS 587.077, 587.083)

1. The northern alfalfa region in Nevada
consists of the area north of the 40th parallel.

2. The central alfalfa region in Nevada
consists of the area south of the 40th parallel.

3. Limitations on the age of stand and
classes of seed through which a variety may be multiplied for both inside and
outside of the region of adaptation may be specified by the originator or owner
of the seed. Production of certified seed outside of the region of adaptation
must not exceed 6 years unless otherwise specified by the originator or owner.

1. Land intended for the production of
foundation, registered or certified classes of seed must not have been planted
with any variety of alfalfa and must be free from volunteer alfalfa plants for
4 years, 3 years and 1 year, respectively, preceding the establishment of the
stand.

2. The application must indicate the crops
grown for the previous 4 years, 3 years and 1 year on the land intended for the
production of the foundation, registered or certified classes of seed,
respectively.

3. At least 2 years must elapse between the
destruction of varieties of dissimilar adaptation and establishment of a new
stand for the production of seed for certification.

4. During the year immediately preceding the
seeding of any class of seed, the land must be free from volunteer plants.
Manure or other amendments to the soil that are contaminating must not be
applied during the year immediately preceding the seeding of the land or during
the established and productive life of the stand.

(Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A
12-3-90; R174-99, 3-13-2000)

1. Except as otherwise provided in
subsections 2 and 3, the minimum distance a field of alfalfa must be from a
different variety or a field of the same variety of alfalfa that does not meet
the requirements for varietal purity for certification is:

Class
Produced

Field of Less

Than 5 Acres

Field of 5

Acres or More

Foundation

900
feet

600
feet

Registered

450
feet

300
feet

Certified

165
feet

165
feet

2. Requirements for isolation for the
certified class are based on the size of the field and the percentage of the
field within 165 feet from another variety of alfalfa. If 10 percent or less of
the certified field is within 165 feet, no isolation is required, but a
definite separation must be maintained. If more than 10 percent of the field is
within 165 feet, that part of the field must not be harvested as certified
seed. The zone of isolation is calculated by multiplying the length of the
common border with other varieties of alfalfa by the average width of the
certified alfalfa field falling within the requirement of a distance of 165
feet isolation.

3. The distance of isolation between classes
of the same variety may be reduced to 10 feet, regardless of the class or size
of a field.

4. If a portion of a field meets the
requirements for isolation, a clear line of demarcation must be established
between the certified and noncertified portions of the field.

1. Each lot of seed entered for
certification must be sampled and meet the minimum standards for the class of
seed produced. Samples will be drawn by a representative of the Department
pursuant to NAC 587.180 and 587.190,
and must meet the following standards:

Standards
for Each Class

Factor

Foundation

Registered

Certified

Pure
seed (minimum)................................

99.5%

99.5%

99.50%

Other
crop (maximum).............................

0.1%

0.1%

0.25%

Sweetclover
(maximum)...........................

none

45/lb

90/lb

Weed
seed (maximum).............................

0.1%

0.2%

0.25%

Noxious
weed seed (maximum)...............

none

none

none

Objectionable
weed seed (maximum)......

none

none

none

Inert
matter (maximum)...........................

0.5%

0.5%

0.50%

Germination
and hard seed (minimum)....

80.0%

85.0%

85.00%

2. For the purposes of this section,
“objectionable weed seed” includes field bindweed (Convolvulus arvensis),
dodder (Cuscuta spp.) and dogbane (Apocynum cannabinum).

NAC 587.282Applicability. (NRS 587.077, 587.083)The
general standards for certification of seed of the Department and NAC 587.283 to 587.288,
inclusive, govern the certification of barley, oat, rye, triticale and wheat
seed.

1. A small grain crop that is grown for
certification must not be planted on land on which the last crop grown was of
the same kind, unless the last crop grown was of the same variety and met all
certification requirements for the same or higher class.

2. The application for certification must
indicate the crops grown the previous year on the land.

1. A field of wheat, oats, barley or
triticale must be separated by a strip of ground adequate to prevent mechanical
mixtures.

2. A field producing any class of rye must
be isolated by at least 660 feet from a field of any other variety or a field
of the same variety that does not meet the requirements for varietal purity of
the class of crop that is inspected which is of the same chromosomal number.

3. If a portion of a field meets the
requirements for isolation, a clear line of demarcation must be established
between the certified and noncertified portions of the field.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

1. The following standards are established
for foundation, registered and certified classes of small grain:

Factor

Foundation

Registered

Certified

Pure
seed (minimum)...............................

98.00%

98.00%

98.00%

Other
crop (maximum).............................

none

0.03%

0.05%

Other
small grain (maximum)...................

none

2/lb

4/lb

Weed
seed (maximum)............................

0.01%

0.01%

0.03%

Noxious
weed seed (maximum)...............

none

none

none

Objectionable
weed seed (maximum)......

none

none

none

Inert
matter (maximum)...........................

2.00%

2.00%

2.00%

Ergot
(maximum).....................................

0.05%

0.05%

0.05%

Germination
(minimum)...........................

85.00%

85.00%

85.00%

2. Rye is not allowed in barley, oats,
triticale or wheat.

3. Triticale is not allowed in barley, oats,
rye or wheat.

4. As used in this section:

(a) “Objectionable weed seed” includes wild oats (Avena
fatua).

(b) “Other crop” does not include other small
grain.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF BEAN SEED

NAC 587.291Applicability. (NRS 587.077, 587.083)The
general standards for certification of seed as adopted by the Department and NAC 587.291 to 587.296,
inclusive, govern the standards for certification of bean seed.

1. A crop of the same kind must not have
been grown or planted on the land for 5 years before stand establishment for
the production of foundation seed, 3 years for registered seed and 2 years for
certified seed.

2. The application must indicate the crops
grown for the previous 5, 3 or 2 years on land intended for the production of
foundation, registered or certified classes of seed, respectively.

3. Except as otherwise provided in this
subsection, during the year before seeding, the land must be free from
volunteer plants of that crop. Reseeding varieties of crimson clover may be
allowed to volunteer back year after year on the same ground. If a new
reseeding variety of crimson clover is planted on ground where another variety
once grew, the provisions of subsection 1 apply.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

1. Except as otherwise provided in
subsection 2, the minimum distance in feet from a different variety of the same
kind or a field of the same variety that does not meet the varietal purity
requirements for certification is as follows:

Fields
of Less

Fields
of More

Class

Than
5 Acres

Than
5 Acres

Foundation

900

600

Registered

450

300

Certified

165

165

2. The distance of isolation between classes
of the same variety may be reduced to 10 feet, regardless of class or the size
of the field.

3. The distance of isolation between a field
of diploids and a field of tetraploids must be at least 15 feet.

4. If a portion of the field meets
requirements for isolation, a clear line of demarcation must be established
between the certified and noncertified portions of the field.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

1. The Department shall make the following
inspections of a field of clover:

(a) A seedling inspection will be made in the year
the crop is planted; and

(b) A seed crop inspection will be made when the
crop is in bloom.

2. The Department may reject or reclassify a
seed field if volunteer plants are found except a seed field of crimson clover
unless a new variety of crimson clover is planted in ground where another
variety of crimson clover once grew.

3. A field of clover entered for
certification must show evidence of control of:

(a) Contaminating crops and varieties; and

(b) Objectionable and noxious weeds.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A
by R174, 3-13-2000)

1. A stand of red clover is not eligible to
produce any class of certified seed after two seed crops which are produced
either in the same or consecutive years.

2. For white and alsike clover:

(a) A foundation or registered field may produce
only two successive seed crops following seeding except that each may be
reclassified to the next lower class after being harvested for seed for 2
years. A stand will not be eligible to produce any class of seed after four
consecutive seed crops immediately following the year of establishment.

(b) A certified field on which a stand of perennial
plants is maintained must not produce more than 4 consecutive seed crops
immediately following the establishment of the certified field.

(Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A
12-3-90; R174-99, 3-13-2000)

1. The general standards of the Department
for certification of seed, together with the standards of NAC 587.320 to 587.329,
inclusive, govern the standards for the certification of grass seed.

2. All classes of certified seed may be
produced from planting stock which was vegetatively propagated according to the
procedure specified by the originator, but in such cases the standards for the
vegetative propagation of grasses apply.

1. Foundation seed must be produced on land
on which the same species was not seeded or grown during the previous 5 crop
years.

2. Registered seed must be produced on land
on which the same species was not seeded or grown during the previous 2 crop
years.

3. Certified seed must not be produced on
land on which the same species was seeded or grown during the previous year
unless the last crop grown is of the same variety and meets all requirements
for certification of the same or higher class.

4. The application must indicate the crops
grown for the previous 5 years, 2 years or 1 year on the land intended for the
production of foundation, registered or certified classes of seed, respectively.

2. If different classes of the same variety,
which must also meet certification requirements, are being grown on the same or
adjacent fields, the requirement for isolation may be reduced to 25 percent of
that shown in the table in subsection 1. The minimum isolation for all seed
classes of tetraploids is at least 15 feet from diploids of the same species.

3. Border removal is allowed only in fields
of at least 5 acres. A border must not be removed until pollination of the crop
to be certified is completed. The distance is the minimum isolation required
for each class of seed after border removal.

4. For the purposes of this section,
varieties within species with both cross-pollinated and apomictic type of
reproduction are considered highly apomictic for minimum isolation unless
otherwise specified for that variety.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A
by R174-99, 3-13-2000)

2
Noxious weed seed listed in NAC 587.2375 has a
zero tolerance in grass crops along with the following: dodder (Cuscuta
spp.), wild garlic (Allium vineale) and field bindweed (Convolvulus
arvensis). The following weed seeds are permitted with a maximum tolerance
of 27 seeds per pound: docks (Rumex spp.) and fanweed (Thlaspiarvense).

3
The variety Merion may contain a minimum of 92 percent pure seed, a maximum of
8 percent inert matter and a maximum of 3 percent other Kentucky bluegrass
varieties. Kentucky bluegrass varieties other than Merion may contain a maximum
of 2 percent other bluegrass varieties. Canada bluegrass may contain a maximum
of 3 percent Kentucky bluegrass.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A
by R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF RAPESEED

NAC 587.331Applicability. (NRS 587.077, 587.083)The
general standards for certification of seed as adopted by the Department and NAC 587.331 to 587.339,
inclusive, govern the standards for certification of rapeseed.

(a) Foundation seed must not have been planted to
or grown a crop of rapeseed during the previous 5 years.

(b) Registered seed must not have been planted to
or grown a crop of rapeseed during the previous 4 years.

(c) Certified seed must not have been planted to or
grown a crop of rapeseed during the previous 3 years.

2. The application for certification must
indicate the crops grown for the previous 5, 4 or 3 years on the land intended
for the production of foundation, registered or certified classes of seed, respectively.

1. Except as otherwise provided in
subsections 2 and 3, the minimum distance that a field of rapeseed must be from
a different variety or field of the same variety of rapeseed which does not
meet the varietal purity requirements for certification is as follows:

Class
Produced

Fields
of Cross-

pollinated
Varieties

Fields
of Self-

pollinated
Varieties

Foundation

1,320
feet

660
feet

Registered

1,320
feet

660
feet

Certified

660
feet

330
feet

2. A distance of 3 miles for the production
of foundation or registered seed and 2 miles for the production of certified
seed is required if isolating fields of different oil or glucosinolate content.

3. The distance of isolation between classes
of the same variety may be reduced to 15 feet.

4. If a portion of a field meets the
requirement for isolation, a clear demarcation must be established between the
certified and noncertified portions of the field.

1. A field of rapeseed must meet the
following standards for purity and germination of seed.

Factor

Foundation

Registered

Certified

Pure
seed (minimum)...............................

99.00%

99.00%

99.00%

Other
crop (maximum)............................

0.01%

0.01%

0.25%

Weed
seed (maximum)............................

0.01%

0.01%

0.25%

Noxious
weed seed (maximum)..............

none

none

none

Objectionable
weed seed

(maximum
number of seed)................

1

1

2

Inert
matter (maximum)..........................

1.00%

1.00%

1.00%

Germination
(minimum)..........................

85.00%

85.00%

85.00%

As used in this subsection, “objectionable weed seed” includes
the maximum number of seed permitted of Brassica spp., Sinapis
arvensis or Raphanus raphanistrum, singly or collectively, in the
amount of seed examined for noxious weed seed.

2. Erucic acid and glucosinolate content
must be within the tolerances described by the plant breeder for each variety.

3. All seed lots must be assayed and shown
to be 99.99 percent free from Phoma lingam.

(Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A
by R174-99, 3-13-2000)

1. A person who
wishes to label seed as “Nevada Sod Quality Seed” must submit to the Department
a sample of the seed to be labeled, a report of the analysis of the seed
conducted pursuant to NAC 587.3393 and a completed
request on a form provided by the Department.

2. The Department may designate an
authorized representative to receive samples of seed submitted pursuant to
subsection 1.

1. If only a portion of a particular
harvested seed lot is to be labeled, the sample submitted pursuant to
subsection 2 of NAC 587.3392 must represent only
that portion of seed and must be clearly marked with a new lot number.

2. Seed lots submitted pursuant to NAC 587.3392 for labeling as “Nevada Sod Quality
Seed” must be analyzed by a laboratory approved by the Department for
compliance with the provisions of subsection 3.

3. Seed lots submitted for analysis pursuant
to subsection 2 must be free from noxious weed seed and the kinds of seed set
forth in subsection 5, as applicable, and comply with the following
requirements:

Kind

Minimum

Purity

Minimum

Germination

Maximum

Other
Crop

Maximum

Weed
Seed

Perennial Ryegrass

98%

90%

0.1%1

0.02%

Merion Kentucky Bluegrass

95%

80%

0.1%2

0.02%

Other varieties of Kentucky Bluegrass

97%

80%

0.1%2

0.02%

Red Fescue

98%

90%

0.1%

0.02%

Chewings Fescue

98%

90%

0.1%

0.02%

Bentgrass

98%

85%

0.1%3

0.10%

Tall Fescue

98.5%

85%

0.1%

0.02%

1
Certification fluorescence levels and appropriate calculations will be applied
when determining levels of other crop.

1. The Department shall issue labels for
seed lots that qualify for labeling as “Nevada Sod Quality Seed” pursuant to
the provisions of NAC 587.3391 to 587.3395, inclusive.

2. A label issued pursuant to subsection 1
must be attached to each container of seed in a manner that ensures that the
label will remain continuously attached until the container is delivered to the
ultimate purchaser.

1. The Department shall charge the applicant
for any fees charged to the Department for seed submitted pursuant to NAC 587.3392 that is sampled out of State.

2. The Department shall charge a fee of 15
cents for each tag issued for seed labeled pursuant to NAC
587.3391 to 587.3395, inclusive.

(Added to NAC by Dep’t of Agriculture by R174-99, eff.
3-13-2000)

STANDARDS FOR CERTIFICATION OF PREVARIETY GERMPLASM

NAC 587.3396“Prevariety germplasm” defined. (NRS 587.077, 587.083)As used
in NAC 587.3396 to 587.33995,
inclusive, unless the context otherwise requires, “prevariety germplasm” means
the seed, seedling or other propagating material of, without limitation, a
species, selection, clone or intraspecific hybrid of a plant that has not been
recognized as a variety.

(Added to NAC by Dep’t of Agriculture by R174-99, eff.
3-13-2000)

NAC 587.33965Applicability. (NRS 587.077, 587.083)The
general standards of certification of seed as adopted by the Director and the
provisions of NAC 587.3396 to 587.33995, inclusive, govern the certification of
prevariety germplasm.

1. Propagating materials from a class of
prevariety germplasm that is designated as tested must be the progeny of plants
whose parentage has been tested and has proven genetic superiority or possesses
distinctive traits for which the heritability is stable, but for which a
variety has not been recognized. Prevariety germplasm of the tested class must
be produced in a manner that ensures genetic purity and identity from:

2. Propagating materials from a class of
prevariety germplasm that is designated as selected must be the progeny of
phenotypically selected plants of untested parentage that indicate, but do not
prove, genetic superiority or distinctive traits. Prevariety germplasm of the
selected class must be produced in a manner that ensures genetic purity and
identity from:

(a) Rigidly controlled and isolated natural stands
or seed production areas; or

(b) Seed fields or orchards.

3. Propagating materials from a class of
prevariety germplasm that is designated as source identified must have had no
selection or testing of their parent population. Prevariety germplasm of the
source identified class must be produced in a manner that ensures genetic
purity and identity from:

(a) Rigidly controlled and isolated natural stands
or seed production areas; or

1. The Department shall designate each
successive generation of production of prevariety germplasm, including the
sexual and asexual means of reproduction and establishment, by a consecutive
number beginning with zero. One asexual generation is equal to one sexual
generation.

2. The system for naming generations of
varieties of breeder seed, foundation seed, registered seed and certified seed
does not apply to prevariety germplasm.

1. The exact geographic location of the
parent population and the history of the stand must be determined by the
collector for natural stands of prevariety germplasm of the tested class. The
collector shall ensure that the tag indicates the location, as described by
section, township and range or a comparable description of land, and the
elevation, within 500 feet, of the stand.

2. The location of a natural stand from
which prevariety germplasm of the selected or source identified class is
collected must be determined by the collector in a manner that ensures that the
Department can locate the natural stand for inspection. The collector shall
ensure that the tag indicates the location of the stand, including, without
limitation, the state, county, geographic area of production and elevation,
within 500 feet.

3. The specific geographic origin of the
parent material must be determined by the collector for prevariety germplasm
produced in a field or orchard. The collector may indicate the specific
geographic origin of the parent material on the tag. The collector shall ensure
that the tag indicates the location of the field or orchard, including, without
limitation, the state, county and geographic area of production.

(Added to NAC by Dep’t of Agriculture by R174-99, eff.
3-13-2000)

NAC 587.3399Requirements of isolation. (NRS 587.077, 587.083)The Department shall establish a zone of
isolation for each species of prevariety germplasm of the tested or selected
class. The zone must be free from off-type plants and other cross-pollinating
species. The Department shall not establish a zone of isolation for any
prevariety germplasm of the source identified class.

1. The Department shall conduct at least one
field inspection of prevariety germplasm of the tested class that is collected
from a natural stand before pollination. At the time of this inspection, the
Department shall establish any requirements for the roguing of undesirable
plants or compliance with the zone of isolation established pursuant to NAC 587.3399.

2. The Department shall conduct at least one
field inspection of prevariety germplasm of the tested or selected class
immediately before the prevariety germplasm reaches maturity or at the time of
harvest of the prevariety germplasm.

3. The Department shall conduct at least one
inspection of prevariety germplasm of the source identified class that is
collected from a natural stand to verify the location of the site of
collection, the identification of the prevariety germplasm and the amount of
prevariety germplasm collected. The collector of prevariety germplasm of the
source identified class that is collected from a natural stand shall complete a
form entitled a “certified seed site identification log,” which is available
from the Department, for each site at the time of harvest. The collector shall
submit the completed form to the Department within 30 days after the harvest.

1. The fees for the inspection and
certification of potatoes at their point of shipping will be determined by
agreement between the State Quarantine Officer and the processor of the
potatoes. If those fees will exceed $2,000 in a 30-day period, the processor of
the potatoes must provide to the Department a surety bond or another form of
security that is satisfactory to the Director to guarantee the payment of the
fees for the 30-day period immediately succeeding the date the security is
provided. The fees will not be less than:

(a) The actual cost of providing the inspection and
certification services; and

(b) The fee charged in accordance with the contract
between the Department and the Federal Government for certifying that the
potatoes comply with the standards and conditions established by the Federal
Government.

2. The fees for inspection, grading or
certification of other agricultural products:

(a) Are:

(1) Forty dollars for each hour the inspector
spends conducting the inspection, grading or certification, including the time
spent traveling to and from the location where the inspection and certification
are conducted;

(2) The mileage allowance established by the
State Board of Examiners for state officers and employees pursuant to
subsection 3 of NRS 281.160 for
the inspector’s travel; and

(3) Any fee charged in accordance with the
contract between the Department and the Federal Government; and

(b) Unless they are for a one-time or intermittent
inspection, grading or certification, must be secured by providing to the
Department a surety bond or another form of security that is satisfactory to
the Director to guarantee the payment of the fees for the 90-day period
immediately succeeding the date the security is provided.

3. In addition to any fees required pursuant
to this section, the State Quarantine Officer will charge a fee of $50 for the
inspection of forage for the presence of noxious weeds.

4. Special arrangements, including
arrangements for fees, must be made with the State Quarantine Officer for the
inspection of agricultural products for processing. The fees for such an
inspection must be secured by providing to the Department a surety bond or
another form of security that is satisfactory to the Director to guarantee the
payment of the fees for the 90-day period immediately succeeding the date the
security is provided.

5. If the State Quarantine Officer or his or
her designee inspects agricultural products in the field for the purpose of
issuing a phytosanitary certificate required by the government of a state or of
a foreign country before those agricultural products may be exported to that
state or country, the State Quarantine Officer will impose a fee of $7 per acre
for the inspection.

6. If the State Quarantine Officer or his or
her designee issues a phytosanitary certificate, an export certificate for
processed plant products or a free-sale certificate as required by the
government of a state or of a foreign country before agricultural products may
be exported to that state or country, the State Quarantine Officer:

(a) Will impose a fee of $25 if the shipment of
agricultural products is made for commercial purposes;

(b) Will not impose a fee if the shipment of
agricultural products is made for noncommercial purposes; and

(c) Will impose any fee required to be collected
and passed through to the United States Department of Agriculture.

7. As used in this section:

(a) “Export certificate for processed plant
products” has the meaning ascribed to it in 7 C.F.R. § 353.1.

(b) “Free-sale certificate” has the meaning
ascribed to it in paragraph (c) of subsection 4 of NAC
587.345.

(c) “Phytosanitary certificate” has the meaning
ascribed to it in NRS 555.23575.

2. If the State Quarantine Officer or his or
her designee determines that an applicant for a federal phytosanitary
certificate, state phytosanitary certificate, export certificate for processed
plant products or free-sale certificate issued pursuant to subsection 1
provided inaccurate information in conjunction with the application for that
certificate, the State Quarantine Officer or his or her designee may revoke
that certificate.

3. In addition to any other applicable fees,
the State Quarantine Officer or his or her designee will impose a fee of $25
for the issuance of a federal phytosanitary certificate, state phytosanitary
certificate, export certificate for processed plant products or free-sale
certificate that replaces a certificate revoked pursuant to subsection 2.

4. As used in this section:

(a) “Export certificate for processed plant
products” has the meaning ascribed to it in 7 C.F.R. § 353.1.

(c) “Free-sale certificate” means a certificate
that certifies that the plants or plant products being exported are the same
type of plants or plant products freely marketed and for sale in the State of
Nevada.

(d) “State phytosanitary certificate” means a
phytosanitary certificate that documents the origin and, if required, the
inspection of plants and unprocessed or unmanufactured plant products that do
not qualify for a federal phytosanitary certificate.

(Added to NAC by St. Quarantine Officer by R004-03,
eff. 9-24-2003; A by R089-07, 6-17-2008)

2. Nevada standard potatoes must meet the
requirements for the grade of U.S. No. 2 if they do not have clipped ends. They
must be not less than 2 inches in diameter or 4 ounces in weight, except as
provided in this section. At least 40 percent of the potatoes by weight in the
lot must be 6 ounces or larger.

3. To allow for variations incident to
proper grading and handling, not more than 10 percent of the Nevada standard
potatoes in any lot may be below the requirements of the grade and not more
than the following percentages are allowed for the defects listed:

(a) Six percent for external defects.

(b) Six percent for internal defects.

(c) One percent for soft rot or wet breakdown.

4. Not more than 3 percent of the Nevada
standard potatoes in any container may be below the minimum size except that a
tolerance of 5 percent is allowed for potatoes packed to meet a minimum size of
6 ounces or larger. A further requirement is that not more than 2 percent of
the potatoes may be smaller than 2 inches in diameter or 4 ounces in weight.

5. Individual samples of Nevada standard
potatoes must not have more than 1 1/2 times the tolerances specified, except
that at least one defective and one offsize potato may be permitted in any
sample if the averages for the entire lot are within the tolerances specified.

1. The United States Standards for Grades of
Potatoes set forth in 7 C.F.R. §§ 51.1540 to 51.1566, inclusive, as those
sections existed on March 27, 1991, are adopted by reference as the standards
for grades of potatoes in Nevada, except for the minimum diameter size and
weight of a U.S. No. 1 potato. The minimum diameter size and weight of a U.S.
No. 1 potato in Nevada are 2 inches and 4 ounces, respectively.

2. These standards may be acquired from the
Department at no cost.

[Dep’t of Agriculture Reg., § 2, 8-6-80]—(NAC A by Bd.
of Agriculture, 7-10-96; A by St. Quarantine Officer by R123-02, 11-4-2002)

1. The “United States Standards for Grades
of Bermuda-Granex-Grano Type Onions” set forth in 7 C.F.R. §§ 51.3195 to
51.3209, inclusive, as amended by 60 Fed. Reg. 46976 (1995), and the “United
States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and
Creole Types)” set forth in 7 C.F.R. §§ 51.2830 to 51.2854, inclusive, as
amended by 60 Fed. Reg. 46976 (1995), are adopted by reference as the standards
for grades of onions in Nevada.

NAC 587.386“Planting” defined. (NRS 587.077, 587.083)“Planting”
means a planted crop of seed potatoes that is produced from one variety and
generation of seed stock.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.388“Postharvest test” defined. (NRS 587.077, 587.083)“Postharvest
test” means the testing of tubers that are submitted from a seed lot after a
harvest to check the growth and disease content before that seed lot is planted
to produce another generation of seed potatoes.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.392“Recertification” defined. (NRS 587.077, 587.083)“Recertification”
means the process of certifying a seed lot that was certified the previous year
and produced from a seed lot of a lower generation.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.394“Rhizomania” defined. (NRS 587.077, 587.083)“Rhizomania”
means the viral disease of sugar beets that is transmitted by a fungus which
inhabits the soil.

NAC 587.402“Seed farm” defined. (NRS 587.077, 587.083)“Seed
farm” means an independent farming operation, including all facilities,
equipment and operating personnel, that is managed separately for the
production of certified seed potatoes.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.404“Seed lot” defined. (NRS 587.077, 587.083)“Seed
lot” means a harvested crop of seed potatoes that is produced from one variety
and generation of seed stock.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.406“Seed stock” defined. (NRS 587.077, 587.083)“Seed
stock” means seed potatoes that are intended for use as a planting source.

1. To be eligible to produce certified seed
potatoes, all plantings on a farm on which seed potatoes are planted must be
entered and maintained in the Certification Program.

2. If any planting or portion of a planting
is withdrawn from the Certification Program during the growing season, the
remaining portion is not eligible to produce certified seed potatoes unless the
Department approves certification.

(a) A grower shall plant a variety of seed stock
that has been approved by the Department; and

(b) All seed stock that is planted must:

(1) Be identified by a certification tag or
other documentation showing the generation of the seed stock.

(2) Be planted at least 20 feet from a
planting not entered for certification.

(3) If certified by another certification
agency, satisfy the same or similar requirements as seed stock produced in this
State.

2. The Department will not certify seed
stock that is produced from generation 5 seed stock.

3. When two or more varieties or generations
of seed stock are planted in the same field, each planting entered for
certification must be marked at the boundaries of the planting by steel posts
or large wooden stakes that are tall enough to be visible above the planting.

1. A planting is not eligible to produce
certified seed potatoes if any of the following diseases have been proven to
exist in the field or in potatoes grown in the field:

(a) Root-knot nematode.

(b) Corky ring spot.

(c) Rhizomania.

2. In addition to the provisions of
subsection 1, a planting is not eligible to produce certified seed potatoes
unless, before the planting:

(a) The person conducting the planting submits to
the Department a plan for the management of golden nematodes and any necrotic
viruses that affect potatoes; and

(b) The Department approves the plan.

3. A plan submitted pursuant to subsection 2
may include, without limitation:

(a) Any survey of the planting;

(b) Any record of inspection of the planting; and

(c) Any other information specified by the
Department.

4. A field is not eligible to produce
certified seed potatoes if any of the following potatoes were grown in the
field during the previous growing season:

(a) Noncertified potatoes.

(b) Potatoes proven to be infected with bacterial
ring rot.

5. For a planting to be eligible to produce
certified seed potatoes, if noncertified potatoes or potatoes proven to be infected
with bacterial ring rot were grown in the field, the grower must farm the field
with a crop other than potatoes immediately following the growing season during
which the noncertified or infected potatoes were grown.

6. For a planting to be eligible to produce
certified seed potatoes, the grower must:

(a) Rogue all diseased and off-type plants during
the growing season;

(b) Remove from the planting and destroy all rogued
plants, seed pieces, new tubers and off-type plants; and

(c) Not rogue plants infected with bacterial ring
rot.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001; A by R031-06, 6-28-2006)

1. For each planting, the Department will
charge and collect a certification fee of $25 per acre with a minimum charge of
$40 per application.

2. Checks must be payable to the “Nevada
State Department of Agriculture.”

3. An applicant must pay the certification
fee set forth in subsection 1:

(a) On or before May 15 of the year in which the
seed stock is planted; or

(b) If the seed stock is planted after May 15, not
later than 5 days after the date on which the seed stock is planted.

4. The Department will refund the
certification fees paid for any planting that is withdrawn from certification
if the request for a refund is submitted in writing to the Department before
the first field inspection.

NAC 587.424Pesticides. (NRS 587.077, 587.083)After
each application of a pesticide to a planting, the grower shall notify the
Department and provide the name of the pesticide and the date it was applied.

(Added to NAC by Dep’t of Agriculture by R036-01, eff.
10-17-2001)

NAC 587.426Disqualification for noncompliance. (NRS 587.077, 587.083)A seed
lot, planting or portion of a planting may be disqualified from certification
if a person fails to comply with any of the provisions of NAC 587.364 to 587.444,
inclusive.

2. The Department will make at least two
field inspections during the growing stage of the planting. The Department may
make additional inspections, but not for the purpose of allowing a grower to
rogue a planting that will not pass inspection.

3. The Department may disqualify a planting
from certification if any condition prevents adequate inspection of the
planting. Such conditions include, without limitation:

(a) Excessive weed growth.

(b) Disease.

(c) Weather.

(d) Chemical damage.

(e) Another environmental condition.

4. To be eligible to produce certified seed
potatoes, a planting must not exceed the maximum percentage of disease
tolerance for each factor for the generation of seed potato produced.

5. Disease tolerances are established only
for diseased plants showing visible symptoms, but serological tests such as
ELISA may be used to confirm the presence of disease on plant samples taken
from the planting. Disease tolerances are based on the following symptoms:

(a) Visual symptoms at the time of field
inspections.

(b) For blackleg, the presence of a typical, inky
black stem originating from the tuber.

(c) For bacterial ring rot, visual symptoms that
are confirmed by laboratory diagnosis.

6. During the first field inspection, a
planting must not exceed the following maximum percentages of disease
tolerances for the generation of seed potatoes produced:

Factor

Percent
for Each Generation

Nuclear

Gen
1

Gen
2

Gen
3

Gen
4

Gen
5

Potato
leaf roll virus

0.00

0.00

0.03

0.05

0.10

0.20

Well-defined
mosaic

0.00

0.00

0.10

0.50

0.80

2.00

Total
visible viruses

0.00

0.00

0.10

0.50

1.00

2.00

Spindle
tuber viroid

0.00

0.00

0.00

0.00

0.00

0.00

Blackleg

0.00

0.10

0.50

1.00

2.00

3.00

Bacterial
ring rot

0.00

0.00

0.00

0.00

0.00

0.00

Root-knot
nematode

0.00

0.00

0.00

0.00

0.00

0.00

Other
varieties

0.00

0.00

0.02

0.10

0.25

0.50

7. During the second field inspection, a
planting must not exceed the following maximum percentages of disease
tolerances for the generation of seed potatoes produced:

Factor

Percent
for Each Generation

Nuclear

Gen
1

Gen
2

Gen
3

Gen
4

Gen
5

Potato
leaf roll virus

0.00

0.00

0.01

0.05

0.10

0.20

Well-defined
mosaic

0.00

0.00

0.05

0.25

0.50

1.00

Total
visible viruses

0.00

0.00

0.05

0.25

0.50

1.00

Spindle
tuber viroid

0.00

0.00

0.00

0.00

0.00

0.00

Blackleg

0.00

0.10

0.50

1.00

2.00

3.00

Bacterial
ring rot

0.00

0.00

0.00

0.00

0.00

0.00

Root-knot
nematode

0.00

0.00

0.00

0.00

0.00

0.00

Other
varieties

0.00

0.00

0.01

0.05

0.10

0.20

8. A finding of 0.00 percent of disease
tolerance means that none must be found during normal inspection procedures, but
such a finding does not guarantee that all plants in the planting are free from
the disease.

9. When a planting exceeds the disease
tolerances for the generation of seed potatoes produced, the Department will
classify the seed potatoes as the next higher generation for which the seed
potatoes do not exceed the disease tolerances.

1. When bacterial ring rot is detected in a
planting or seed lot, the Department:

(a) Will disqualify the planting or seed lot from
certification; and

(b) Will disqualify from certification all
plantings and seed lots grown by the seed farm from the same seed source, even
if infected and uninfected plantings and seed lots are grown in different
fields on the same seed farm or on different seed farms.

2. The Department may disqualify a planting
or seed lot from certification if the Department detects any new disease in the
planting or seed lot and determines that the disease is detrimental to potatoes
in this State.

1. If a planting is treated or contaminated
with a chemical that causes seed-borne injury to seed potatoes, the Department
may:

(a) Withhold certification pending the outcome of a
postharvest test; or

(b) Refuse to certify a planting or portion of a
planting.

2. If the Department determines that a
planting may have suffered chemical damage, the Department will:

(a) Collect a separate sample from the planting
that may have suffered chemical damage to conduct a postharvest test; and

(b) Withhold certification until the postharvest
test is complete.

3. If a portion of a planting does not show
enough chemical injury to prevent or interfere with an inspection of the
planting but is contaminated to a degree that seed-borne chemical injury may
occur in the next planting, the contaminated portion of the planting must be harvested
and stored separately from the noncontaminated portion of the planting.

(a) Current requirements for the grade of U.S. No.
1 seed potatoes established by the United States Department of Agriculture; or

(b) Contract grade requirements, including:

(1) All conditions and requirements of grade
established by an agreement between a buyer and seller;

(2) Not more than 1 percent each of late
blight, soft rot or wet breakdown;

(3) Not more than 1 percent each of dirt or
debris; and

(4) No bacterial ring rot or root-knot
nematode, based on visible, external symptoms.

2. The United States standards for the grades
of seed potatoes set forth in 7 C.F.R. §§ 51.3000 to 51.3006, inclusive, as
those sections existed on March 6, 1987, are adopted by reference as the
standards for the grade of U.S. No. 1 seed potatoes in this State. The
standards may be obtained from the Department free of charge.

1. For each container of certified seed
potatoes that meets all the requirements for certification, the Department will
issue one of the following certification tags:

(a) A blue tag for certified seed potatoes which
meet the current requirements for the grade of U.S. No. 1 seed potatoes
established by the United States Department of Agriculture.

(b) A yellow tag for certified seed potatoes which
meet the contract grade requirements set forth in paragraph (b) of subsection 1
of NAC 587.442.

2. The Department will attach a
certification tag to each vehicle that will transport bulk shipments of
certified seed potatoes. The certification tag will contain an official seal
and will be attached in such a manner that the unloading mechanism cannot
operate without breaking the seal.

3. New sacks must be used for all certified
seed potatoes that are sacked.

(d) “Drug” means any article intended for use in
the diagnosis, cure, mitigation, treatment or prevention of diseases in animals
other than humans and articles other than feed intended to affect the structure
or function of the animal body.

(e) “Ingredient” means one of the constituent
materials making up a commercial feed.

(f) “Label” means a display of written, printed or
graphic matter upon or affixed to the container in which a commercial feed is
distributed.

(g) “Labeling” means all labels or other written,
printed or graphic matter upon a commercial feed or any of its containers or
wrapper or accompanying the commercial feed.

(i) “Official sample” means a sample of feed taken
by the Director or his or her agent.

(j) “Percent” or “percentage” means percentage by
weight.

(k) “Product name” means the name of the commercial
feed which identifies it as to kind, class or specific use.

2. The names and definitions for commercial
feeds are the Official Definitions of Feed Ingredients adopted by the
Association, except as the Director designates otherwise in specific cases.

3. The terms used in reference to commercial
feeds shall be the official feed terms adopted by the Association, except as
the Director designates otherwise in specific cases.

[Dep’t of Agriculture Reg., 87.70, eff. 10-1-74]

NAC 587.510Labels: Contents. (NRS 587.680)Commercial
feeds must be labeled with the information prescribed in this regulation on the
principal display panel of the product and in the following general format:

1. Net weight.

2. Product name and brand name, if any.

3. If drugs are used:

(a) The word “medicated” must appear directly
following and below the product name in type size no smaller than one-half the
type size of the product name.

(b) The purpose of medication (claim statement).

(c) The required direction for use and
precautionary statements or reference to their location if the detailed feeding
directions and precautionary statements required by this chapter appear
elsewhere on the label.

(d) An active drug ingredient statement listing the
active drug ingredients by their established name and the amounts in accordance
with NAC 587.550.

4. The guaranteed analysis of the feed as
required under the provisions of section 4 of the act must include the
following items, in the order listed unless otherwise exempted:

(g) Total sugars as invert on dried molasses
products or products being sold primarily for their molasses content.

(h) Exemptions:

(1) Guarantees for minerals are not required
when specific label claims are absent and when the commercial feed contains
less than 6 1/2 percent of mineral elements.

(2) Guarantees for vitamins are not required
when the commercial feed is neither formulated for nor represented in any
manner as a vitamin supplement.

(3) Guarantees for crude protein, crude fat
and crude fiber are not required when the commercial feed is intended for
purposes other than to furnish these substances or they are of minor
significance relating to the primary purpose of the product, such as drug
premixes, mineral or vitamin supplements and molasses.

(a) The name of each ingredient as defined in the
Official Definitions of Feed Ingredients published in the official publication
of the Association, common or usual name, or one approved by the Director.

(b) Collective terms for the grouping of feed
ingredients as defined in the Official Definitions of Feed Ingredients
published in the official publication of the Association in lieu of the
individual ingredients, provided that:

(1) When a collective term for a group of
ingredients is used on the label, individual ingredients within that group need
not be listed on the label.

(2) The manufacturer shall provide the
Director, upon request, with a listing of individual ingredients, within a
defined group, that are or have been used at manufacturing facilities
distributing in or into the State.

6. Name and principal mailing address of the
manufacturer or person responsible for distributing the feed. The principal
mailing address shall include the street address, city, state and zip code.
However, the street address may be omitted if it is shown in the current city
directory or telephone directory.

7. The information required in this
regulation must appear in its entirety on one side of the label or on one side
of the container. None of the information required shall be subordinated or obscured
by other statements or designs.

1. The brand or product name must be
appropriate for the intended use of the feed and must not be misleading. If the
name indicates the feed is made for a specific use, the character of the feed
must conform with it. A mixture labeled “dairy feed,” for example, must be
suitable for that purpose.

2. Commercial, registered brand or trade
names are not permitted in guarantees or ingredient listings.

3. The word “protein” is not permitted in
the product name of a feed that contains added nonprotein nitrogen.

4. When the name carries a percentage value,
it is understood to signify protein or equivalent protein content only, even
though it may not explicitly modify the percentage with the word “protein”
except that other percentage values may be permitted if they are followed by
the proper description and conform to good labeling practice. When a figure is
used in the brand name, except in mineral, vitamin or other products where the
protein guarantee is nil or unimportant, it must be preceded by the word
“number” or some other suitable designation.

5. Single ingredient feeds must have a
product name in accordance with the designated definition of feed ingredients
as recognized by the Association unless the Director designates otherwise.

6. The word “vitamin,” or a contraction
thereof, or any word suggesting vitamin, may be used only in the name of a feed
which is represented to be a vitamin supplement, and which is labeled with the
minimum content of each vitamin declared, as specified in NAC 587.540.

7. The term “mineralized” must not be used
in the name of a feed, except for “trace mineralized salt.” When so used, the
product must contain significant amounts of trace minerals which are recognized
as essential for animal nutrition.

8. The term “meat” and “meat by-products”
must be qualified to designate the animal from which the meat and meat
by-products are derived unless the meat and meat by-products are from cattle,
swine, sheep or goats.

1. The guarantees for crude protein,
equivalent protein from nonprotein nitrogen, crude fat, crude fiber and mineral
guarantees, when required, must be in terms of percentage by weight.

2. Commercial feeds containing 6 1/2 percent
or more mineral elements must include in the guaranteed analysis the minimum
and maximum percentages of calcium, the minimum percentage of phosphorus, and
if salt is added, the minimum and maximum percentage of salt. Minerals, except
salt, must be guaranteed in terms of percentage of the element. When calcium or
salt guarantees are given in the guaranteed analysis, they must be stated and
conform to the following:

(a) When the minimum is 5 percent or less, the
maximum must not exceed the minimum by more than 1 percent of the whole.

(b) When the minimum is above 5 percent, the
maximum must not exceed the minimum by more than 20 percent and in no case must
the maximum exceed the minimum by more than 5 percent of the whole.

3. Mineral phosphatic material for feeding
purposes must be labeled with the guarantee for minimum and maximum percentage
of calcium, when present, the minimum percentage of phosphorus and the maximum
percentage of fluorine.

[Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

NAC 587.540Content guarantees: Vitamins. (NRS 587.680)Guarantees
for minimum vitamin content of commercial feeds and feed supplements, when
made, must be stated on the label in milligrams per pound of feed, except that:

1. Vitamin A, other than precursors of
vitamin A, must be stated in USP units per pound.

2. Vitamin D, in products offered for
poultry feeding, must be stated in International Chick Units per pound.

3. Vitamin D for other uses must be stated
in USP units per pound.

4. Vitamin E must be stated in International
USP units per pound.

5. Guarantees for vitamin content on the
label of a commercial feed must state the guarantee as true vitamins, not
compounds, with the exception of the compounds, Pyridoxine Hydrochloride,
Choline Chloride, Thiamine and d-Pantothenic Acid.

6. Oils and premixes containing vitamin A or
vitamin D, or both, may be labeled to show vitamin content in terms of units
per gram.

[Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

NAC 587.550Content guarantees: Drugs and antibiotics. (NRS 587.680)Guarantees
for drugs must be stated in terms of percent by weight, except:

1. Antibiotics present at less than 2,000
grams per ton of commercial feed must be stated in grams per ton of commercial
feed.

2. Antibiotics present at more than 2,000
grams per ton of commercial feed must be stated in grams per pound of
commercial feed.

3. Labels for commercial feeds containing
growth promotion or feed efficiency levels of antibiotics, which are to be fed
continuously as the sole ration, are not required to make quantitative
guarantees except as specifically noted in the Federal Food Additive
Regulations for certain antibiotics, wherein quantitative guarantees are
required regardless of the level or purpose of the antibiotic.

4. The term “milligrams per pound” may be
used for drugs or antibiotics in those cases where a dosage is given in
milligrams in the feeding directions.

1. The name of each ingredient or collective
term for the grouping of ingredients, when required to be listed, must be the
name as defined in the Official Definitions of Feed Ingredients as published in
the official publication of American Feed Control Officials, the common or
usual name, or one approved by the Director.

2. The name of each ingredient must be shown
in letters or type of the same size.

3. No reference to quality or grade of an
ingredient may appear in the ingredient statement of a feed.

4. The term “dehydrated” may precede the
name of any product that has been artificially dried.

5. A single ingredient product defined by
the Association is not required to have an ingredient statement.

6. Tentative definitions for ingredients
must not be used until adopted as official, unless no official definition exists
or the ingredient has a common accepted name that requires no definition, such
as sugar.

7. When the word “iodized” is used in
connection with a feed ingredient, the feed ingredient must contain not less
than 0.007 percent iodine, uniformly distributed.

1. Directions for use and precautionary
statements on the labeling of all commercial feeds and customer-formula feeds
containing additives, including drugs, special purpose additives or
nonnutritive additives must:

(a) Be adequate to enable safe and effective use
for the intended purposes by users with no special knowledge of the purpose and
use of such articles; and

(b) Include, but are not limited to, all
information prescribed by all applicable regulations under the Federal Food,
Drug and Cosmetic Act.

2. Adequate directions for use and
precautionary statements are required for feeds containing nonprotein nitrogen
as specified in NAC 587.590.

3. Adequate directions for use and
precautionary statements necessary for safe and effective use are required on
commercial feeds distributed to supply particular dietary needs or for
supplementing or fortifying the usual diet or ration with any vitamin, mineral
or other dietary nutrient or compound.

4. The information required by NAC 587.570 must be displayed in a prominent place on
the label or container but not necessarily on the same side as the information
required by NAC 587.510.

5. When the information required by this
section is placed on a different side of the label or container, it must be
mentioned on the front side with a statement such as “see back of label for
directions for use.”

1. Urea and other nonprotein nitrogen
products defined in the official publication of the Association are acceptable
ingredients only in commercial feeds for ruminant animals as a source of
equivalent crude protein and are not to be used in commercial feeds for other
animals and birds.

2. If the commercial feed contains more than
8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen,
added as such, or the equivalent crude protein from all forms of nonprotein
nitrogen, added as such, exceeds one-third of the total crude protein, the
label must bear adequate directions for the safe use of feeds and a
precautionary statement:

Caution: Use as
directed.

The directions for use and the caution statement must be in
type of such size so placed on the label that they will be read and understood
by ordinary persons under customary conditions of purchase and use.

3. On labels such as those for medicated
feeds which bear adequate feeding directions or warning statements, the
presence of added nonprotein nitrogen does not require a duplication of the
feeding directions or the precautionary statements as long as those statements
include sufficient information to ensure the safe and effective use of this
product due to the presence of nonprotein nitrogen.

1. The official sample must be obtained in
accordance with methods published by the Association of Official Analytical
Chemists or in accordance with generally recognized methods approved by the
Director.

2. The chemical analysis of official samples
must be in accordance with methods published by the Association of Official
Analytical Chemists or in accordance with generally recognized methods approved
by the Director.

3. The results of all analyses of official
samples shall be forwarded by the Director to the person named on the label and
to the purchaser. When the inspection and analysis of an official sample
indicates commercial feed has been adulterated or misbranded and, upon request
within 30 days following receipt of the analysis, the Director shall furnish to
the distributor a portion of the sample concerned.

4. If it purports to be or is represented as
a commercial feed or if it purports to contain or is represented as containing
a commercial feed ingredient, unless the commercial feed or feed ingredient
conforms to the definition, if any, prescribed by the Director.

5. If any word, statement or other
information required by or under authority of this chapter to appear on the
label or labeling is not prominently placed thereon with such conspicuousness,
as compared with other words, statements, designs or devices in the labeling,
and in such terms as to render it likely to be read and understood by the
reasonable person under customary conditions of purchase and use.

[Dep’t of Agriculture Reg., 87.78, eff. 10-1-74]

NAC 587.620Tolerances. (NRS 587.680)The
tolerance for protein, fat, fiber, ash, calcium, phosphorus, salt, iodine and
vitamins is two standard deviations from the mean. (The mean is determined by
analyses made with a standard sample by many laboratories in the United
States.)

Allowable Tolerances

Levels

Protein

Fat

Fiber

Ash

0-5%

0.4%

0.5%

0.5%

0.4%

5.1-10%

0.4%

0.5%

0.5%

0.6%

10.1-20%

0.6%

0.5%

0.8%

0.8%

20.1-30%

0.8%

0.5%

1.0%

1.0%

30.1- %

1.0%

0.5%

1.5%

1.0%

Levels

Calcium

Phosphorus

Salt

0- 5%

0.3%

0.3%

0.5%

5.1-10%

0.5%

0.5%

0.7%

10.1-15%

0.7%

0.7%

1.5%

15.1-20%

0.7%

0.7%

1.5%

20.1- %

1.0%

1.0%

1.5%

Iodine

80% guarantee

Vitamins

85%
guarantee

The tolerances for drugs and medicated feeds are those
established by the Food and Drug Administration.

[Dep’t of Agriculture Reg., 87.79, eff. 10-1-74]

NAC 587.630Exemptions. (NRS 587.680)The
following commodities are exempt from the definitions of commercial feed:

1. Hay;

2. Straw;

3. Stover;

4. Silage;

5. Cobs;

6. Husk; and

7. Hulls, when unground and not mixed or
intermixed with other materials.

2. Is produced from a nursery increase block
if the entire planting meets the requirements of a nursery increase block for
at least 3 years after the date that the participant enters the Program.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

NAC 587.680“Foundation block” defined. (NRS 587.077, 587.083)“Foundation
block” means a planting of garlic which is planted with seed stock from a
source approved by the Department and maintained to produce foundation stock.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by R043-00, 5-11-2000)

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00,
5-11-2000)

NAC 587.700“Garlic” defined. (NRS 587.077, 587.083)“Garlic”
means the plants, plantlets, bulbs, cloves or any part of Allium sativum
or its cultivars.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

NAC 587.706“Nursery increase block” defined. (NRS 587.077, 587.083)“Nursery
increase block” means a planting of a garlic that has been established using
foundation stock or registered stock for the production of registered stock.

(Added to NAC by Dep’t of Agriculture by R043-00, eff.
5-11-2000)

NAC 587.707“Participant” defined. (NRS 587.077, 587.083)“Participant”
means any person or legal entity whose application has been submitted to and
accepted by the Department.

1. Participation in the Program is
voluntary, and a participant may withdraw from the Program at any time.

2. The Department or its authorized agent
will conduct any approval, supervision, inspection, sampling determination,
registration and certification for the Program.

3. The Department will approve registration
or certification of garlic based on planting sites accepted by the Department,
laboratory examinations and visual inspections.

4. The Department may approve foundation
stock or registered stock as a source of propagative material if the foundation
stock or registered stock has been tested and found free of stem and bulb
nematode of the Allium species (Ditylenchus dipsaci) and has been
inspected and found free of white rot fungus (Sclerotium cepivorum).

5. The Department may certify garlic as
“Nevada Certified Seed Garlic” if the garlic has been inspected and found free
of white rot fungus based on commonly accepted inspection and sampling
procedures and has met all other requirements for qualification as certified
stock.

6. A participant may use official tags
issued by the Department or other means of labeling to identify garlic that
meets the requirements of NAC 587.640 to 587.810, inclusive.

7. Except as otherwise provided in NAC 587.640 to 587.810,
inclusive, certification of garlic is based solely on a sample of garlic from
each planting entered in the Program.

1. A participant must submit to the
Department an application for each separate planting of stock on a form obtained
from the Department.

2. Each application must include all
information requested for the planting site and the stock used for planting,
including documentation that verifies the eligibility of the stock for the
class of seed to be produced, and must be accompanied by any fee required
pursuant to NAC 587.810.

3. Applications must be received by the
Department by February 15 of the year in which the planting will occur and must
be accompanied by any fee required pursuant to NAC
587.810.

4. The Department may accept applications
after the deadline if the planting site complies with the requirements of NAC 587.640 to 587.810,
inclusive, and the Department is able to inspect the additional acreage and
analyze the plants in the laboratory.

(Added to NAC by Div. of Agriculture, eff. 2-20-96; A
by Dep’t of Agriculture by R043-00, 5-11-2000)

(a) At least one field inspection of garlic during
the growing season for white rot fungus (Sclerotium cepivorum) for a
certified block, foundation block or nursery increase block; and

(b) A laboratory examination of a sample of garlic
for stem and bulb nematode of the Allium species (Ditylenchus dipsaci)
where the sample is collected in the pattern of a grid at approximately 20-foot
intervals for a foundation block or nursery increase block.

2. If a participant requests a laboratory
examination of a sample of garlic for stem and bulb nematode of the Allium
species (Ditylenchus dipsaci) for a certified block, the Department
shall conduct the laboratory examination of a sample of garlic where the sample
is collected in the pattern of a grid at approximately 40-foot intervals.

3. The Department may require additional
inspections or tests if:

(a) Seasonal conditions or other factors tend to
obscure the symptoms of disease or make adequate inspections difficult; or

(b) White rot fungus, stem and bulb nematode of the
Allium species or other serious pests are suspected.

4. The Department may sample garlic from any
planting site or storage facility to inspect or test the garlic.

5. The participant shall furnish any such
sample without charge.

(Added to NAC by Div. of Agriculture, eff. 2-20-96; A
by Dep’t of Agriculture by R043-00, 5-11-2000)

1. The Department may approve stock or
propagative material for registration or certification based on inspection and
testing pursuant to NAC 587.727 or any other
reliable method, including, without limitation, approving stock that meets the
standards of another program approved by the Department which has standards at
least as strict as the standards set forth in NAC
587.640 to 587.810, inclusive.

2. Garlic that has been exposed to white rot
fungus (Sclerotium cepivorum) or stem and bulb nematode of the Allium
species (Ditylenchus dipsaci) is not eligible for registration or
certification.

3. For a foundation block to be eligible for
planting, the garlic must be:

(a) Garlic from a planting approved by the
Department; or

(b) Produced using laboratory techniques to
eliminate diseases.

4. For a nursery increase block to be
eligible for planting, the garlic must be:

(a) Foundation stock; or

(b) Registered stock.

5. For a certified block to be eligible for
planting, the garlic must be registered stock.

6. A participant must provide to the
Department evidence that the stock is eligible for the class of seed to be
produced, including, without limitation:

(a) Tags issued by a certification agency that is
recognized by the Department; or

(b) Invoices that describe the stock.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00,
5-11-2000)

NAC 587.740Grounds for refusal or cancellation of registration of planted or
harvested garlic. (NRS 587.077, 587.083)The
Department will refuse to register or certify or will cancel the registration
or certification of a planting, or any portion of a planting, of garlic or
harvested garlic if:

1. The planting, bulbs or cloves are found
to be infested or infected with stem and bulb nematode of Allium species (Ditylenchus
dipsaci) or white rot (Sclerotium cepivorum), or any other pest of
garlic, unless the Department determines the infestation or infection to be one
of minor economic importance which can be rogued, delimited or treated;

2. Excessive growth of weeds, damage from
pests or any other condition prevents adequate inspection of the planting;

3. The participant has failed to comply with
any provisions of NAC 587.640 to 587.810, inclusive.

4. The participant has failed to pay any fee
required pursuant to NAC 587.810;

5. For any reason, the identity of the
garlic becomes uncertain or has not been maintained;

6. The certification seal or tags are
misused; or

7. The stock is materially misrepresented
even if the participant did not know of the misrepresentation.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00,
5-11-2000)

1. Except as otherwise provided in
subsections 2 and 3, each planting site must be:

(a) In a geographic area where contamination by
white rot fungus (Sclerotium cepivorum) or stem and bulb nematode of the
Allium species (Ditylenchus dipsaci) is unlikely to occur from any
means, including, without limitation, drainage, flooding or irrigation;

(b) On land on which no Allium species has grown
for the 5 years immediately preceding the date on which the garlic is planted;

(c) On land that is not known to be infested with
white rot fungus; and

(d) Isolated by at least 500 feet from any Allium
species that is not entered in the Program.

2. The Department may waive the requirements
set forth in paragraphs (a), (b) and (c) of subsection 1 if the:

(a) Planting site is a facility approved by the
Department; or

(b) Land or soil has been treated in a manner
approved by the Department to eliminate soil-borne pests.

3. The Department may waive the requirements
set forth in paragraph (d) of subsection 1 if:

(a) There is a sufficient natural barrier between
the planting site and any Allium species not entered in the Program; or

(b) The garlic not entered in the Program has an
equivalent history.

4. Each planting of a foundation block,
nursery increase block or certified block shall be deemed to be a separate
planting of garlic. Each such planting site must be isolated by at least 6 feet
or by at least one empty planting bed from another planting site or from other
varieties within a planting site unless suitable precautions are taken to
maintain the identity of the garlic.

5. Each planting site is subject to
inspection by the Department.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

2. Use suitable precautions when
cultivating, irrigating, or moving or using equipment to prevent the spread of
soil-borne pests;

3. Ensure that any bin or other container
and any equipment to be used for the movement or storage of garlic is free of
any dirt and residues from garlic, onions or other Allium species;

4. Maintain the identity of any garlic
entered in the Program;

5. Keep records on each planting site that
document the amount of seed produced, the certification number and the tags
used to identify the containers of seed on an inventory sheet supplied by the
Department, unless otherwise specified by the Department in writing;

6. Submit the records required pursuant to
subsection 5 to the Department annually after the close of the season for the
sale or distribution of seed stocks;

7. Ensure the proper use of certification
seals and tags provided by the Department;

8. Mark on each tag the name of the participant,
the month and year of the harvest, the variety of garlic and the block number
assigned by the Department; and

9. Notify the Department of:

(a) The date of any pest control treatment used in
plantings for which inspections or other Departmental activities are scheduled;

(b) The products used in the pest control
treatment;

(c) The dosage of the products used; and

(d) Any applicable requirements for reentry or
worker safety.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

1. Garlic from a planting must be handled in
a manner that prevents mixing with or contamination by other lots of garlic
during harvesting, transporting, cracking and storage.

2. Equipment used for harvesting and
containers used for transporting, processing and storing garlic must be free
from soil or other contaminating material before use.

3. Containers used for transporting and
storing garlic must identify the planting site in which the seed originated.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

NAC 587.800Transporting of seed stock out of State. (NRS 587.077, 587.083)A
participant must notify the Department in writing at least 1 week before
transporting garlic to another state for storage or processing to maintain
eligibility for future registration or certification of that garlic. The
notification must include the:

1. Number assigned to the planting site by
the Department;

2. Date that the garlic is transported;

3. Amount of garlic that is transported; and

4. Destination of the garlic.

(Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A
1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00,
5-11-2000)

1. The Nevada Alfalfa Seed Council may, by
majority vote, recommend a person for appointment to the Alfalfa Seed Advisory
Board. The person must have the qualifications that are required pursuant to NRS 587.135.

2. To recommend a person for appointment to
the Alfalfa Seed Advisory Board, the Nevada Alfalfa Seed Council must forward
to the State Board of Agriculture:

(a) The name and address of the person recommended
for appointment;

(b) A statement concerning the qualifications of
the person pursuant to the requirements of NRS 587.135; and

(c) A copy of the minutes of the meeting at which
the Nevada Alfalfa Seed Council voted to make the recommendation.

(Added to NAC by Bd. of Agriculture, eff. 3-27-92)

CERTIFICATION OF ORGANIC AGRICULTURAL PRODUCTS

NAC 587.9015Adoption by reference of Program for Organic Certification. (NRS 587.830)The
National Organic Program as set forth in 7 C.F.R. §§ 205.1 to 205.690, inclusive,
as it existed on September 1, 2001, is hereby adopted by reference as the
Program for Organic Certification in this State. A copy of these regulations
may be obtained free of charge from the State Department of Agriculture, 251
Jeanell Drive, Suite 3, Carson City, Nevada 89703.

(Added to NAC by Bd. of Agriculture by R065-02, eff. 9-20-2002)

NAC 587.903Certification seal: Form. (NRS 587.830)The
Department shall use the following logo as a certification seal. The logo must
include the phrase “Nevada Department of Agriculture Certified Organic” and
must be in substantially the following form:

(Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98;
A by R044-00, 5-11-2000)

1. The Nevada Department of Agriculture
Organic Certification Seal may be placed on all:

(a) Containers of organic agricultural products
that are certified by the Department;

(b) Bulk displays which advertise organic
agricultural products that are certified by the Department for sale; and

(c) Processed organic foods which contain 95
percent or more by volume of organically grown ingredients that are certified
by the Department.

2. The authorization to imprint facsimile
seals granted by subsection 1 is subject to review by the Director on an annual
basis, or more frequently, if determined necessary by the Director.

3. A person shall not change the Nevada
Department of Agriculture Organic Certification Seal from the form prescribed
in NAC 587.903 except for increases or decreases in
size and changes in color.

(Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98;
A by R044-00, 5-11-2000)

NAC 587.905Application for and continued certification of production or
handling operation; payment, amount and refund of fees. (NRS 587.830)

1. A person seeking to receive certification
of a production or handling operation must submit:

(a) An application for certification pursuant to 7
C.F.R. § 205.401; and

(b) The fees required pursuant to subsection 3.

2. A person seeking to maintain
certification must annually submit:

(a) An updated organic system plan of production or
handling pursuant to 7 C.F.R. § 205.406; and

(b) The fees required pursuant to subsection 3.

3. A person seeking certification or
continued certification of a production or handling operation must pay the
following fees to the Department:

(a) For an application for certification pursuant
to subsection 1, a nonrefundable fee of $150.

(b) For annual continued certification pursuant to
subsection 2, a nonrefundable fee of $75.

(c) For each year in which a person applies for
certification or continued certification, an amount specified in the following
table based on an estimate of the gross income of the organic sales of the
production or handling operation for the calendar year in which the
certification or continued certification is requested:

Gross
Income

Amount

$0 to
$5,000.................................

$150

$5,001
to $10,000........................

$175

$10,001
to $15,000......................

$250

$15,001
to $20,000......................

$275

$20,001
to $25,000......................

$300

$25,001
to $30,000......................

$325

$30,001
to $35,000......................

$350

$35,001
to $50,000......................

$375

$50,001
to $75,000......................

$450

$75,001
to $100,000....................

$550

$100,001
to $150,000..................

$600

$150,001
to $200,000..................

$700

$200,001
to $250,000..................

$850

$250,001
to $350,000..................

$1,250

$350,001
to $500,000..................

$1,750

$500,001
or more.........................

$3,500

(d) For each initial on-site inspection, a
nonrefundable fee of $65 per hour, including travel time, and, for mileage, per
mile, an amount that is equal to the standard mileage reimbursement rate for
which a deduction is allowed for the purposes of federal income tax.

4. The payment of a fee based on gross
income from organic sales required pursuant to paragraph (c) of subsection 3
will be refunded if the request for certification or continued certification is
withdrawn in writing and received by the Department before the initial
inspection for the year in which the certification or continued certification
is requested. In determining the amount of the fee pursuant to paragraph (c) of
subsection 3:

(a) For certification of a handling operation, all
organic products handled at an area of operation certified by the Department
must be included in calculating the estimated gross income; and

(b) For certification of a production operation,
only organic products that are produced from operations certified by the
Department must be included in calculating the estimated gross income.

5. Any forms or fees required to be
submitted pursuant to subsections 1 to 4, inclusive, that are received by the
Department after March 31 must be considered late and must be accompanied by a
late fee of $250 in addition to any fees otherwise prescribed by this section.

NAC 587.906Fees for addition of fields or areas of operation to be
certified, additional inspections, and reproduction and mailing of application
forms. (NRS
587.830)

1. Except as otherwise provided in
subsection 2, in addition to all other fees prescribed by the Department, the
Department shall charge the following additional fees for the fields or areas
of operation to be certified after the initial inspection has been completed
and for any other additional inspections:

(a) For each hour of inspection, calculated from
the inspector’s assigned office, $65.

(b) For mileage, per mile, an amount that is equal to
the standard mileage reimbursement rate for which a deduction is allowed for
the purposes of federal income tax.

(c) For the per diem of the inspector, the amounts
currently allowed by law for state employees, under the conditions set by the
Department.

2. The Department shall prorate the fees
prescribed by subsection 1 among the persons whose property is inspected in the
same area if all inspections can be completed during the same trip of the
inspector, as determined by the Department.

3. The Director may also charge a reasonable
fee to cover the costs of the reproduction and mailing of application forms.

1. Except as otherwise provided in
subsection 2, each member of the Advisory Council for Organic Agricultural
Products is entitled to receive compensation at the rate of $10 per hour
necessarily spent on the business of the Council, including time spent traveling.

2. The total compensation paid pursuant to
subsection 1 must not exceed $80 per day.